BEING ‘GOOD” CAN BE FUN!

(For Government Lawyers)

Prof. Eugenio H. Villareal

October 2016
Let us go back to basics…

What is Ethics?

Ethos , meaning “custom” or “behavior.”

Ethics is defined as a general study of the moral life,

i.e. the nature and morality of human acts.
Necessarily, we have to back to …

MORALITY -- the quality of human acts – as

to whether they are good or evil

➢ Ethics is the ordering of human acts as to

whether they are good or evil.

➢ It involves the making of value judgments

Ethics necessarily concerns
the Human Person as an Actor

Also essentially NORMATIVE – telling the what

the human person what he ought to do to be able
to perfect himself, to do good
in order to reach the Ultimate Good.
We have then to understand the nature
of man …

✓ Spiritual - Intellect + Will

✓ Corporeal – through which one deals
with the world
Through the
INTELLECT
☞ man knows
and reasons.
It is directed towards the
truth.
Through the Will …

the human person chooses.

the will is necessarily directed

toward the Good.
Important to know –
The 5 Basic Inclinations of Man
(Cf. Rice C. and Davitt, T., S.J.) (E. H. Villareal)

● Seek the Good,

including the highest
good, which is eternal
union with his Creator
● Preserve himself in
existence (Primacy of
Life)
● Preserve the species
(Promotion and
Preservation of Life)
● Live in community with others (“Man is essentially
a Social Being”)
● Use his intellect and will – know the truth and make
decisions.
 Added Dimension: Being Public Officers
▪ Public office is a public trust. Public officers and
employees must at all times be accountable to the people ,
serve them with utmost responsibility, integrity, loyalty, and
efficiency, act with patriotism and justice, and lead modest
lives. (§1, Art. XI, 1987 Phil. Constitution)

▪ Standards of Conduct (RA 6713)

▪ Commitment to Public Interest
▪ Professionalism
▪ Political Neutrality
▪ Responsiveness to Public
 Standards of Conduct (RA 6713)
➢ Nationalism and Patriotism
➢ Commitment to Democracy
➢ Simple Living

Duty to “Promptly” Act, Reply and Serve

Human Acts acts done knowingly
freely and voluntarily
- versus -
Acts of Man acts done without deliberation
or volition
 Elements of a Human Act

Object -- answers the question “What am I doing?”

Intention – motive/s of the agent

Circumstances – important and relevant

modifications of the human act
 Elements of a Human Act

▪ Object - the will chooses a course of action

- a moral object (“moral” referring to the
quality of human acts if they are good or
evil)
▪ “end of the action” – finis operis
▪ It may be good (praying), bad (lying), or
indifferent (taking a walk). (cf. FSU 2,
Belmonte, ed.)
 Elements of a Human Act
▪ Intention of the Agent (finis operantis)

▪ means toward an immediate end

▪ although objects may be indifferent as
mentioned, all human actions, in this
context, are either good or evil
 Morality of the Action
▪ The morality of the object and the morality of
the end (or intention) may not be the same.
▪ Thus, A can cheat a client (bad object) in
order to pay his employees’ salaries fully on
time (good intention), or send a gift (good
object) in order to ask an official for an
undue benefit (bad intention).
 Morality of the Action
▪ When the object is seemingly indifferent, a
good or bad intention makes the action good
or bad respectively. For the individual actor
then, there are really no indifferent actions.
▪ A good intention makes a good object
better. If the object is bad, the action
becomes less bad, but never completely
good.
 Morality of the Action
▪ It is thus not licit to do something bad for a
good end. THE END DOES NOT JUSTIFY
THE MEANS.
▪ A grievously evil intention makes a good
object result in a bad action. A bad action
action becomes a worse action. (FSU2;
Belmonte, ed.)
 Multiple Effect Actions
A single action may produce several proximate
effects – some good, some bad.
To illustrate: one action but with two effects – one
good and one bad – the classic case of DOUBLE
EFFECT.
To make the action good –
➢ The object of the action considered in itself (finis
operis) must be morally good or indifferent.
 Multiple Effect Actions
- The object is good if the good effect is what
follows necessarily and by itself from the action.
The bad effect should only follow accidentally (per
accidens).
➢ The end (or intention) of the agent must also be
good. THE AGENT MUST EXCLUSIVELY SEEK
THE GOOD EFFECT.
 Multiple Effect Actions
➢ There must be a proportionately serious cause for doing the
action and allowing the bad effect to happen.
➢ The seriousness of the cause is measured in relation to the
importance of the good effect. The cause is all the more
serious according to the following indications:
- the more serious the indirectly caused evil
- the closer the influence of the action in the bad effect
- the more probable the bad effect
- the greater the obligation due to one’s office to prevent
the evil effect. (cf. STA; FSU2 – Belmonte, ed.)
The consideration of
“OIC” can be a
useful tool in
analyzing,
evaluating, and
even deciding bar
discipline cases.
 We need to develop GOOD HABITS to be
“ethical.” (Educator James Stenson)

➢ Sound Judgment & Conscience (Prudence) – right reasoning about

people (clients, judges, govt. functionaries, fellow workers, etc.), ability
to make distinctions: good vs. evil, truth from falsehood, the beautiful
and noble vs. squalid
➢ Responsibility (Justice) - recognizing and respecting the rights of
others (which is the source of our obligations), sense of duty for the
welfare and happiness of others, accepting consequences for our
decisions – cf. duty to society, duty to the legal profession, duty to the
courts, and duty to clients (Code of Professional Responsibility)
➢ Courageous Perseverance (Fortitude) – the will
and ability to overcome or endure difficulties, not to
seek escape; the power to withstand hardship
(even physical pain or humiliation), ability to
rebound from disappointments (☺ There is no such
thing as failure; in case of any disappointment, we
gain experience.)
➢ Self-Mastery (Temperance) – the ability to say
“no” to one’s self, to defer or to do without
gratification, the power to overcome passions and
appetites, and the habit of enjoying the good
things in life in moderation.
 Revisit the Lawyer’s Oath

I, __________, having been permitted to continue in the practice of

law in the Philippines, do solemnly swear that I recognize the supreme
authority of the Republic of the Philippines; I will support its
Constitution and obey the laws as well as the legal orders of the duly
constituted authorities therein; I will do no falsehood, nor consent to
the doing of any in court; I will not wittingly or willingly promote or sue
any groundless, false or unlawful suit, nor give aid nor consent to the
same; I will delay no man for money or malice, and will conduct myself
as a lawyer according to the best of may knowledge and discretion
with all good fidelity as well as to the courts as to my clients; and I
impose upon myself this voluntary obligation without any mental
reservation or purpose of evasion. So help me God.
 A Matter of Virtue
▪ We should not lose sight that the practice of
law is oriented towards the Good, inasmuch
as the same way that our being persons is
oriented towards the Good.
▪ We have to develop good habits, and avoid
bad ones (i.e. vices).
▪ Basic in us is the living out of the 4 BASIC
HUMAN Virtues. But to live them, we may
want to consider one more “good habit” …
 Audacity (Daring!)
▪ Setting out and
completing
courses of action
which may “seem
imprudent”
▪ This involves …
▪ Calm and careful assessment of facts and
other information, sensitivities, where people
are coming from
▪ Taking account of possible risks
☞ All to achieve a GENUINE GOOD.
 Needed : control over
one’s body/passions
Combat vs.
• Rashness
• Cowardice
• Despair (Absence
of Hope)
☞ Mandatory: Fighting
and Sporting Spirit
☞ Required: Nobility of
Purpose (High Moral
Character)
▪ In other words,

we have to be HEROIC!
Free and Prior Informed Consent
(FPIC)
meets
Legal Ethics

Prof. Eugenio H. Villareal

Ateneo de Manila Law School
October 2016
 Legal Ethics
Legal ethics therefore is the
study of the nature and
quality of human acts
particular to the legal
profession. It studies the
lawyer as the agent of human
acts, one who acts in the
world using his intellect and
will and through his body, in
full freedom and
responsibility.
 The textbook definitions of legal ethics are consistent with this
understanding.

Legal Ethics – “the embodiment of all principles of

morality and refinement that should govern the
conduct of every member of the bar.” (Justice M.
Moran’s Foreword to Malcolm’s Legal & Judicial
Ethics, 1949)
“It is that branch of
moral science which
treats of the duties
which an attorney
owes to the court, to
his client, to his
colleagues in the
profession, and to the
public.” (Malcolm,
ibid.)
The Practice of Law: A Calling and
Profession; A Matter of Duty
The “practice of law” means any activity, in or out
of court, which requires the application of law,
legal procedure, knowledge, training, and
experience. To practice law is to give notice or
render any kind of service, which service
requires the use in any degree of legal
knowledge. The work done involves the
determination by the trained legal mind of the
legal effect of facts and conditions. (Cayetano v.
Monsod, 201 SCRA 210)
It is a profession and not a
business. It is not primarily
meant to be a
money-making venture.
The gaining of a livelihood
is a secondary
consideration. Duty to
public service and to the
administration of justice
should be the primary
consideration. The
practice of law is a noble
calling. (A.C. No. 5713,
Burde v. Atty. Alberto
Mangueta, 10 June 2003)
“The advocate has more
than a private fiduciary
relationship with a client;
he also has a public trust.
x x x In his counseling and
planning functions, the
attorney not only expedites
his client’s wishes and
lightens the work load of
the courts; he enforces the
law as well.” (Judge
Simon Rifkind)
REVISIT the Lawyer’s Oath

– “I will maintain allegiance to the

Republic; x x x support its Constitution
and obey the laws as well as the legal
orders of the duly constituted
authorities.”
– “I will do no falsehood, nor consent to
the doing of any in court.”
– “I will not wittingly or willingly promote
or sue any groundless, false or
unlawful suit, or give aid nor consent
to the same.”
 “I will delay no man for
money or malice.”
“(I) will conduct myself as
a lawyer according to
the best of my
knowledge and
discretion, with all
good fidelity as well as
to the courts as to my
clients.”
In fulfilling all the above, the lawyer implores the aid
of God. ☺ This only means that our laws on the
legal profession acknowledge an Ultimate Good as
to which all the actions and omissions of its
members must tend and be accordingly measured.
Not only therefore must the lawyer observe positive
law, but also Natural Law – the “manufacturer’s
manual” placed in man’s heart by his Creator.
Hence, “the nature of the
office of a lawyer requires
that he shall be of good
moral character. This
qualification is not only a
condition precedent to
admission … but its
continued possession is
essential to maintain one’s
good standing in the
profession.” (Dayan, etc. v.
Atty. N. Espiritu, AC No.
5542, 20 July 2006.”
“(H)e should make himself more an exemplar for others to
emulate. He should not therefore engage in any unlawful,
dishonest, immoral or deceitful conduct. He makes himself
unfit to remain in the profession who commits any such
unbecoming act or conduct.” (Ting-Dumali v. Torres, AC No.
5161, 427 SCRA108)
“From a lawyer, to paraphrase Justice Felix Frankfurter, are
expected those qualities of truth …., a high sense of honor,
full of candor, intellectual honesty, and the strictest sense of
fiduciary responsibility – all of which, throughout the
centuries, have been compendiously described as moral
character.” (Albano, et al., 2004, citing CJ Fred Ruiz Castro,
“Apostacy in the Legal Profession,” 64 SCRA 784, 789-790)
“The law profession is a noble calling and
the privilege to practice it is bestowed
only upon individuals who are competent
and FIT to exercise it” (Sanchez v.
Somoso, AC No. 6061, 412 SCRA 569)
 Some Canons from the CPR
C1 - A LAWYER SHALL UPHOLD THE CONSTITUTION,
OBEY THE LAWS OF THE LAND AND PROMOTE
RESPECT FOR LAW AND LEGAL PROCESSES.

C2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES

AVAILABLE IN AN EFFICIENT AND CONVENIENT
MANNER COMPATIBLE WITH THE INDEPENDENCE,
INTEGRITY AND EFFECTIVE-NESS OF THE
PROFESSION.
C4 - A LAWYER SHALL PARTICIPATE IN THE
DEVELOPMENT OF THE LEGAL SYSTEM BY
INITIATING OR SUPPORTING EFFORTS IN LAW
REFORM AND IN THE IMPROVEMENT OF THE
ADMINISTRATION OF JUSTICE.
 Some Canons from the CPR
C6 -THESE CANONS SHALL APPLY TO LAWYERS IN
GOVERNMENT SERVICE IN THE DISCHARGE OF
THEIR OFFICIAL TASKS.

▪ R6.02 - A lawyer in the government service shall not use

his public position to promote or advance his private
interests, nor allow the latter to interfere with his public
duties.
▪ R6.03 - A lawyer shall not, after leaving government
service, accept engagement or employment in connection
with any matter in which he had intervened while in said
service.
 Some Canons from the CPR
C7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE
INTEGRITY AND DIGNITY OF THE LEGAL
PROFESSION …
R7.03 - A lawyer shall not engage in conduct that adversely
reflects on his fitness to practice law, nor shall he, whether
in public or private life, behave in a scandalous manner to
the discredit of the legal profession.
CA8 - LAWYER SHALL CONDUCT HIMSELF WITH
COURTESY, FAIRNESS AND CANDOR TOWARD HIS
PROFESSIONAL COLLEAGUES, AND SHALL AVOID
HARASSING TACTICS AGAINST OPPOSING COUNSEL.
R8.01 - A lawyer shall not, in his professional dealings, use
language which is abusive, offensive or otherwise
improper.
 Some Canons from the CPR

C14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO

THE NEEDY.
C15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS
AND LOYALTY IN ALL HIS DEALINGS AND
TRANSACTIONS WITH HIS CLIENTS.

▪ R15.06 - A lawyer shall not state or imply that he is able to

influence any public official, tribunal or legislative body.
▪ R15.07 - A lawyer shall impress upon his client compliance
with the laws and principles of fairness.
 Some Canons from the CPR
CA17 - LAWYER OWES FIDELITY TO THE CAUSE OF HIS
CLIENT AND HE SHALL BE MINDFUL OF THE TRUST
AND CONFIDENCE REPOSED IN HIM.

C18 - A LAWYER SHALL SERVE HIS CLIENT WITH

COMPETENCE AND DILIGENCE.

C19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH

ZEAL WITHIN THE BOUNDS OF THE LAW.

C21 - A LAWYER SHALL PRESERVE THE CONFIDENCE

AND SECRETS OF HIS CLIENT EVEN AFTER THE
ATTORNEY-CLIENT RELATION IS TERMINATED
Let it be clear that what the lawyer provides
are legal services.
Duty to Preserve Client’s
Confidence
This is a perpetual duty. It
outlasts the professional
employment, and continues
even after the death of the
client. This sacred duty finds its
source in the inherent need for
full disclosure of the facts by the
client to his attorney so as to
ensure adequate legal
representation.
 Respect For The Courts!!!
A lawyer was fined by the Supreme
Court for uttering statements aimed at
influencing the members of the High
tribunal in deciding the constitutionality
of the Plunder Law in the then pending
Estrada v. Sandiganbayan. The lawyer
said that his group was greatly disturbed
by rumors that the Supreme Court was
out to declare the said law as
unconstitutional for vagueness, warning
that the same will trigger mass actions
more massive than People Power II. In
answer to the lawyer’s defense of his
utterances being protected by freedom of
speech, the High Court said that while the
same includes the right to know and
discuss judicial proceedings, it does not
cover statements aimed at undermining
the Court’s integrity and authority, and
interfering with the administration of
justice. (A.M. No. 01-2-03-SC, Atty.
Leonard de Vera, 29 July 2002).
It is the bounden duty of counsel
to check, review, and re-check
the allegations in his pleadings,
more particularly the quoted
portions, and ensure that the
statements therein are accurate
and the reproductions faithful,
down to the last word and
punctuation mark. The distortion
of facts, misquoting or
intercalating phrases in the text of
a court decision is a grave
offense and a serious violation of
the lawyer’s oath/CPR. (Adez
Realty, Inc. v. CA, 212 SCRA
623)
 Counsel failed to appear for trial three
(3) times. This resulted in the court
ruling a waiver to present evidence.
Counsel tried to explain that he was
not negligent, but it was due to his
burden of being the campaign
manager of a political party. The
Court found him negligent.
Lawyers are reminded to handle only
as many cases as they can efficiently
handle.
IT IS NOT ENOUGH THAT A LAWYER
IS QUALIFIED TO HANDLE A LEGAL
MATTER, HE IS ALSO REQUIRED TO
PREPARE ADEQUATELY AND GIVE
THE APPROPRIATE ATTENTION TO
HIS LEGAL WORK.
A lawyer owes entire devotion
to the cause of his client,
warmth and zeal in the
defense and maintenance of
his rights, and the exertion
of his learning and utmost
ability that nothing can be
taken and withheld from his
client except in accordance
with law. (A.C. No. 5854,
Miwa v. Atty. Rene Medina,
30 September 2003)
 IPRA 1997 (RA 8371)
The challenge is to live out –
Free and Prior Informed Consent (FPIC):

“the consensus of all members of the Indigenous Cultural

Communities/Indigenous Peoples (ICCs/Ips) to be
determined in accordance with their respective customary
laws and practices, free from any external manipulation,
interference and coercion, and obtained after fully
disclosing the intent and scope of the activity, in a
language and process understandable to the community.”
(§3[g])
 IPRA 1997 (RA 8371)
FPIC is based on the natural law and
time-honored social philosophy principle
called
SUBSIDIARITY – all societies of a superior order
must adopt attitudes of help (subsiduum) of
support, promotion, and development with respect
to lower order societies. The State must refrain
from anything that would de facto restrict the
existential space of smaller (but) ESSENTIAL cells
of society – whose initiative, freedom, and
responsibility must not be supplanted. (CSDC 186,
cf. Quadregisimo Anno)
 IPRA 1997 (RA 8371)
From subsidiarity necessarily follows
PARTICIPATION – expressed in a series of
activities by means of which the citizen,
individually or in association with others, whether
directly or through representation, contributes to
the cultural, economic, political, and social life of
the civil community where he or she belongs.
It is a DUTY to be fulfilled consciously by all, with
responsibility and with a view to the common good.
(CSDC 403, cf. Octogesima Adveniens, Gaudium
et Spes, CCC 1913-1917)
 Some Notable Areas of Concern in IPRA
1997
➢ rights to ancestral domain (ownership, right
to develop, right to stay, right to resolve
conflict, etc.)
➢ rights to ancestral lands
➢ self-governance
➢ justice system, conflict resolution,
peace-building process
➢ right to participate in decision-making
 Some Notable Areas of Concern in IPRA
1997
➢ right to determine and decide
developmental priorities
➢ full development/EMPOWERMENT of
institutions and initiatives
➢ equal protection and non-discrimination
➢ rights during armed conflict
➢ equal opportunity and treatment
➢ employment
➢ basic services
 Some Notable Areas of Concern in IPRA
1997
➢ women
➢ children and youth
➢ recognition of cultural diversity
➢ community intellectual rights
➢ rights to religious/cultural sites and
ceremonies
➢ indigenous knowledge and
practices/development of sciences and
technologies
 Call to Action
➢ “Activate” the 4 Fundamental Good
Habits (Fortitude, Prudence, Justice &
Temperance) + Daring and Patience
➢ Know the Who, What, When, Where &
How
➢ Know “Where People (all
stakeholders) Are Coming From +
Humility
➢ Dig-Deep Research/No Short Cuts
 Call to Action
➢ Know the information flow and have a
system of validation
➢ Have a system of feedback and review
➢ Always have a communication/media plan
and protocol
➢ Be conscious of “stereotyping”
➢ Be “Sensitive” and “Cheerfully &
Optimistically” Creative
➢ ALWAYS SEE THINGS WITH THE EYES
OF A CHILD.
Thank you!